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Winter 2011                                                            Volume 1
Welcome to Collins & Lacy, P.C.

Hello friends,

As our representation of businesses throughout the state continues to grow, our ability to contact you regarding updates on emerging employment law issues becomes increasingly important. To better assist you and provide general employment information for businesses in South Carolina and throughout the Southeast, we are pleased to announce the first edition of the Collins & Lacy electronic Employment Answers Quarterly Newsletter. If there are specific topics you would like us to address, or if we can assit you in any way, please let us know.  

With warm regards,    
Christian E. Boesl
Employment Practice Group Chair 


computer keyboard
 

Is Supervisor Bashing Permitted and Protected on Facebook?

Compiled by Charles Appleby

 

Facebook and social media are everywhere. They provide a means to keep in touch with friends, share ideas, and even market your business.  According to the National Labor Relations Board (NLRB), Facebook and other social media outlets also may provide a haven for employees to bash their boss.
The NLRB recently accused an employer of violating federal labor law when the company fired an employee after she criticized her supervisor on her Facebook page. 

 



Gavel

Graves v. Horry-Georgetown Technical College, S.C. Ct. App. Opinion. No.: 4757

Compiled by Aisha Taylor

 

Graves worked for Horry-Georgetown Technical College as Procurement Manager.  She had been with the College for more than 25 years. In 2004, the College hired Harold Hawley as Vice President of Business Affairs. According to Graves, in her first meeting with Hawley, Graves learned he wanted to replace her as Procurement Manager. Graves testified that over the course of approximately six months, Hawley attempted once to re-assign her to a different job and encouraged her on three other occasions to resign.


 

Click here to read full article.


 
SHRM 

Coming in February of 2011.
February 22nd -Columbia
February 24th - Greenville
SHRM Approved


Is Your Company Passing the Test? 
Workplace Drug Testing

The Collins & Lacy Employment Group is joining forces with Brenda Tomlinson and South Carolina based mobile drug testing company On Premise Solutions. Together we're hosting two educational seminars for businesses regarding the proper procedures and regulations associated with drug testing. Even if your business does not drug test employees on a regular basis, you may benefit from learning what is acceptable when drug testing a particular employee or group of employees. This morning seminar is approved for 3.25 general SHRM credits.   
 
  • February 22, 2011: Columbia, SC
  • February 24, 2011: Greenville, SC

Time: 8:00 a.m. - 12:00 p.m. 

Cost: $135.00
To register: Call or e-mail Kara Gormley Meador
kmeador@collinsandlacy.com

(803)422-6081

                                                                    
Human Resources Spotlight
Thrash
Katherine Thrash
with Florence & Hutcheson, Inc.

The Collins & Lacy Employment Practice Group appreciates all that is required of those in human resources. Every quarter, we want to recognize you, the unsung heros.  In this inaugural edition of our newsletter, we would like for you to meet Katherine Thrash with the engineering consulting firm Florence & Hutcheson, Inc.

Katherine is Director of Human Resources and is responsible for developing and directing state-of-the art human resources practices while serving as a strategic partner to senior management and staff. Katherine holds a Bachelor's of Science in Communication Arts from Georgia Southern University. She is a Certified Professional in Human Resources, through the National Society of Human Resources Management in Alexandria, Virginia.

Katherine has learned over the years that in human resources there is not a cookie cutter response to every situation.
Katherine says, "The key to dealing with variables is consistency. Consistency is the world to a good human resources practitioner."

As an employment attorney, Collins & Lacy's Christian Boesl says, "I always look forward to receiving a call from Katherine.  Before I can offer any advice or assist, Katherine already has all of the information I need. She is an absolute pleasure to work with and a credit to her company."

About Florence & Huctheson, Inc.
Florence & Hutcheson-Consulting Engineers (F&H) brings value beyond expectations to every project every time. Ranked in the top 300 of Engineering New Record's (ENR) listing of Top 500 Engineering Firms, F&H focuses on Strengthening America's Infrastructure in the Transportation, Design-Build, Construction, Engineering and Inspection, Geotechnical, Federal, Water Resources, Water/Wastewater, Environmental Services and Energy sectors. The firm employs a staff of more than 300 in 17 regional office locations and is expanding into other rapidly growing U.S. markets. Specializing in the transportation area, F&H combines the technical resources and broad scope of services to implement the most complex and extensive projects with the flexibility to ensure rapidly responsive, one to one client service and proactice visionary solutions. For more information about F&H visit us at www.flohut.com. F&H is a wholly-owned subsidiary of Infrastructure Corporation of America.

If you'd like to nominate someone for our HR Spotlight, e-mail your entry to kmeador@collinsandlacy.com.

 Hammer 

 

The Construction of an LLR Immigration Audit

By Charles Appleby and Christian Boesl

 

Construction sites and home builders across South Carolina are being audited now that the South Carolina Illegal Immigration Reform Act is in effect for all businesses. Starting in July 2009, companies with at least 100 employees and those with government contracts had to begin following the Act. As of July 2010, the Act applies to all businesses no matter how big or small. This means all employers must verify the legal status of new employees.
Boesl Radio
Collins & Lacy attorney Christian Boesl talked with SC Business Review radio host Mike Switzer about an issue that affects businesses in the Palmetto State. 
 
 
Intern or Employee? 
By: Christian Boesl
 

You recently received an e-mail from your paid, part-time summer employee?  She enjoyed her experience and would like the opportunity to intern in the same capacity with your company through the winter while she attends school.  She has made it clear she does not expect to get paid.  She simply wants to get an edge in competiting for a job after school. The Chief Financial Officer of your company is thrilled with the idea of having an intern who understands she will not receive pay or benefits. Before you call her back to go over the terms of the internship and her schedule, you get an uneasy feeling. Can it really be this easy?

 

With the economy in flux and companies looking for opportunities to down size, many college students are attempting to gain experience by working/volunteering for free.  While no one likes working for free, if they can list it on a job resume it may give them an edge when competiting for a position after graduation.  They want the experience, and you want to cut costs.  So what is wrong with this scenario?

 

Important Dates

 

January 4, 2011; 12:00-12:30 p.m. CST

Collins & Lacy Shareholder Jack Griffeth hosts IADC Webinar

Get Your House In Order

OSHA, Personnel Files and Immigration Documentation

 

February 9, 2011

Collins & Lacy attorney Christian Boesl will present at the National Business Institute Advanced Workers' Compensation Seminar.

 

February 22, 2011:  Columbia

February 24, 2011: Greenville

Is Your Company Passing the Test?

Workplace Drug Testing

SHRM Approved.

 

February 23, 2011

Collins & Lacy attorney Charles Appleby is among the featured speakers in a Primerus Webinar.

How to Work Through Employee Accommodations - The Interactive Process Under the ADA

 
 

 
Making Headlines:
Business Owners Cash In On Free Advice

Members of the Collins and Lacy Employment Group made a number of cameos on local television and radio news programs throughout the state in support of a free summer seminar series aimed at helping South Carolina businesses stay in business.

The Collins & Lacy team traveled South Carolina conducting three educational seminars entitled, How to Avoid the Pitfalls of Litigation: Tips to keep your Company out of Court. Our employment team helped provide dozens of businesses with the information they need in order to avoid expensive and time consuming litigation. The free, half-day seminars examined a number of issues such as common code violations, the importance of job description and drug testing, government contracts, independent contractor agreements, workers' compensation issues worth watching and immigration.
 
  Jack Seminar
Collins & Lacy Attorney Jack Griffeth

Collins & Lacy's Jack Griffeth says, "Our goal at Collins & Lacy is to help South Carolina businesses succeed. The series allowed us to get out into the field and meet some of the members of the business community that make our state a great place to live."   
In This Issue
South Carolina LLR Audit Process
Is Your Company Passing The Test?
Supervisor Bashing Permitted and Protected On Facebook
Human Resources Spotlight
Collins & Lacy News
 

 
Featured Attorney 
Appleby Image 
Charles Appleby
Attorney Charles L. Appleby IV is a member of the 2011 class of Leadership Columbia.
The program, designed by the Greater Columbia Chamber of Columbia, provides current and emerging leaders with opportunities to enhance their civic knowledge, help participants better understand how our community works and provide opportunities for building relationships with the region's current and future leaders.  Through their participation, participants develop the skills necessary to assume leadership roles and become inspired to focus talents in a way that will best serve the community. 
 Charles is an associate practicing in employment law, complex defense litigation and   construction defect litigation.  Originally from Columbia, S.C., Charles graduated from the University of Florida and received his Juris Doctor from the University of South Carolina School of Law.  
When asked about his selection to Leadership Columbia, Charles commented, "I think it is often easy to take for granted the incredible place in which we live, unless we actively strive to take part in all that it has to offer. Columbia really is a 'Famously Hot' place to network, collaborate and connect ."
 
 
Employment   
Practice Group

Christian Boesl
Christian E. Boesl       803.255.0453

Aisha Taylor
Aisha Taylor
 803.255.0480

Jack attorney photo
Jack Griffeth
Charles attorney photo
Charles Appleby                 803.255.0409
 

CONTACT US 
 
COLUMBIA
P.O. Box 12487 (29211) 
Columbia, SC 29201
P: 803.256.2660
F: 803.771.4484
 
GREENVILLE
37 Villa Road, Suite 500
P.O. Box 5819 (29606)
Greenville, SC 29615
P: 864.282.9100 
F: 864.282.9101  
        
MYRTLE BEACH 
1500 Highway 17 N.,
Suite 204
P.O. Box 14609 (29587)
Surfside Beach, SC 29575
P: 843.477.0500
F: 843.477.0502
 
                      
Toll Free888.648.0526 
 
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